Case: Department of Education OCR Title IX Investigation of Frostburg State University

03-13-2328 | No Court

Filed Date: July 29, 2013

Closed Date: 2018

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Case Summary

On July 29, 2013, a student at Frostburg State University filed a complaint with the US Department of Education, Philadelphia Office for Civil Rights (OCR). She alleged that the University discriminated against her in violation of Title IX by failing to appropriately respond to her complaints of sexual assault. In addition, she alleged that the University retaliated against her for engaging in protected activity. On September 18, 2013, OCR announced that it was opening an investigation regardin…

On September 18, 2013, OCR announced that it was opening an investigation regarding the University’s response to the complainant. However, the complainant did not allege sufficient facts to trigger an investigation into retaliation because she did not allege any specific, adverse actions that the institution took. After OCR commenced its investigation, an alumna of Frostburg State University contacted OCR as a second complainant and alleged that several years earlier, she had been sexually assaulted by a campus police officer after he offered her a ride to the local convenience store.

On September 9, 2016, OCR published its letter of findings where it stated that the University failed to promptly and equitably respond to the initial complainant and failed to conduct an adequate, reliable, and impartial investigation for the second complainant. In addition, OCR found that the University failed to appropriately investigate and respond to a number of other reports of sexual misconduct between 2010 and 2014. With respect to university policies, OCR determined that the University’s grievance procedure, record-keeping practices, non-discrimination policy, and delegation of duties to the Title IX Coordinator all violated Title IX.

To remedy these violations, university officials entered into a resolution agreement on September 6, 2016. Specifically, Frostburg State University agreed to:

Create and publish a statement explaining that sexual harassment and retaliation for reports of sexual harassment are strictly prohibited;

Hire a well-trained, full-time Title IX Coordinator whose job duties are consistent with what the law requires;

Update its nondiscrimination statement to include sex discrimination and state that the prohibition extends to employment;

Submit revised Title IX policies and grievance procedures to OCR for review and approval;

Provide employees, community members, and students training on Title IX procedures and sexual misconduct;

Create a committee comprised of students, faculty, and staff who make recommendations to the University on ways to prevent and respond to sexual misconduct;

Conduct a campus climate check to assess the steps and measures taken pursuant to the resolution agreement;

Provide a written offer to reimburse the complainants for any medical expenses, therapy, or academic services needed as a result of the reported incidents; and

Provide any necessary remedies to other students who reported sexual misconduct whose rights has been violated;

Create a systematic record-keeping policy; and

Develop a memorandum of understanding with the local police.

The parties agreed that OCR would oversee compliance with the Resolution Agreement through at least August 1, 2018. Because there has been no activity or news related to the Resolution Agreement, the case is presumed closed.

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Summary Authors

Hope Brinn (1/2/2019)

Documents in the Clearinghouse

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Resources

Title	Description		External URL Date / External URL
Alumna Who Alleged Sexual Assault By Campus Police Officer Speaks Out Brad Kroner			http://thebottomlinenews.com/...
Chronicle of Higher Education, Title IX Tracker: Frostburg State University Chronicle of Higher Education	Collects documents from Department of Education OCR Title IX investigation. Campus Context: “Sexual assault gained attention on the campus when the Office for Civil Rights notified the university it …	Jan. 26, 2019	Jan. 26, 2019 https://projects.chronicle.com/...
FSU Found Previously Noncompliant Under Title IX, Enters Agreement Amid Ongoing Reforms James Kirk and Nick DeMichele		Sept. 20, 2016	Sept. 20, 2016 https://thebottomlinenews.com/...
Former FSU Officer Resigns After Sexual Assault Charges Dropped Brad Kroner		Sept. 9, 2014	Sept. 9, 2014 http://thebottomlinenews.com/...
‘Her Own Warrior:’ Former SGA President Says She Requested Title IX Investigation Keith Davidson		May 13, 2014	May 13, 2014 http://thebottomlinenews.com/...